By Staff Reporter |
Arizona Attorney General Kris Mayes advised the Maricopa County Board of Supervisors to ignore Recorder Justin Heap’s claim of exclusive authority on drop box establishment.
Mayes sent a letter to the board and Heap on Friday claiming Heap’s counsel had made “unfounded threats of criminal liability” for telling the board that they would face felony charges for managing ballot drop boxes.
Mayes cited the state’s current and past two Elections Procedures Manuals (EPMs) to back her assessment. The EPMs recognized that boards of supervisors or their designees approve all ballot drop-off locations and drop-boxes.
“Justin Heap is wrong about drop boxes,” said Mayes. “He should immediately work with the Maricopa County Board of Supervisors in good faith to ensure a well run [sic] election.”
Notice from Heap’s counsel closely preceded a vote taken by the board earlier this week to designate 12 drop box locations throughout the county for the upcoming primary election in July. These drop boxes are scheduled to become active at the end of June.
Heap claimed the board never consulted him about the proposed drop box locations.
Heap has maintained that the board unlawfully awarded themselves control over ballot drop boxes, according to a recent ruling from the Arizona Superior Court.
The board was ruled to have unlawfully usurped the recorder’s elections authority and resources. The court determined the board didn’t have the “plenary authority” it claimed over elections administration, and ordered the board to restore key elections functions and resources to the recorder, especially the IT staff, servers, databases, software, and elections systems.
“The Court has already ruled that the Board does not have unlimited authority over elections, yet it continues attempting to exercise powers Arizona law assigns to the Recorder,” said Heap.
Heap also claimed the board tried to bring him into their meeting for “a surprise public interrogation” on short notice.
The board plans to appeal the ruling; Heap expressed concern that ongoing litigation this late in the election season will cause legal and operational issues.
Vice chair of the board, Debbie Lesko, told “The Conservative Circus” on Friday that she and the rest of the board have worked earnestly “in good faith” to avoid this ongoing court battle with Heap. Lesko argued that it wasn’t possible for the board to abide by the superior court ruling.
“This is really complicated and it’s not black and white,” said Lesko. “There’s competing state laws that say both the recorder and the elections department have jurisdiction over the same exact election procedures in some cases.”
On Thursday, Lesko and Chair Kate Brophy McGee petitioned Heap in a public statement and letter to agree to public, recorded meetings to negotiate elections administration.
The letter claimed that certain progress between the board’s elections department and recorder’s office concerning this month’s jurisdictional elections and the July primary elections were later refused by Heap.
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